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Oklahoma Eviction Notice Forms (4)

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Oklahoma Eviction Notice Forms (4)

Updated January 08, 2024

An Oklahoma eviction notice is a document required to alert a tenant in breach of a lease that they are facing potential eviction (or “Forcible Entry and Detainer Action”). There are different periods required for the tenant to respond, depending on the breach. Once the requisite period has expired, and the tenant has failed to respond appropriately to the notice, a landlord can file a forcible entry and detainer action with the local court.

By Type (4)



Immediate Notice to Quit (Danger and Harm) – This notice is used in the event the tenant is causing immediate danger and harm to others and/or the premises.[1]

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5-Day Notice to Quit (Non-Payment of Rent) – This form is for use when the tenant has failed to pay rent when it is due. The tenant will have five (5) days to respond before the landlord can file an eviction action in court.

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10/15-Day Notice to Quit (Non-Compliance) – This form is for use when a tenant has failed to abide by the terms of the lease. The tenant will have ten (10) days to fix the issue or will face eviction at the end of the fifteen (15) day period.

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30-Day Notice to Quit (Month-to-Month Tenancy) – This notice form is to inform a party of the impending end of a month-to-month tenancy and that they will have to vacate at the end of the 30 day period. If they do not vacate in time, they may be subject to an eviction process.

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Table of Contents

Eviction Laws

  • Rent Grace Period: No laws.
  • Non-Payment of Rent: 5 days.[2]
  • Non-Compliance10 days to cure, 15 days to evict.[3]
  • Threat to Health and Safety: Immediate.[4]
  • Termination (Month-to-Month Lease): 30 days.[5]
  • Eviction Lawsuit: Forcible Entry and Detainer.[6]

Court Forms

Hands atop sheet of paper.

When filing a Forcible Entry and Detainer action, the landlord must obtain the requisite paperwork from the local court where the property resides. The following documents are designated for use in Oklahoma County.

Petition – Filed by the landlord when seeking to evict a tenant for non-payment or non-compliance with the lease.

Summons – Provided to the tenant to notify them that they must vacate the premises or appear in court to show cause why they should be permitted to stay.

Affidavit – A sworn statement made by the landlord attesting that they are owed a specific amount of money from the tenant.

When is Rent Due

Wall calendar with date circled in red.

In Oklahoma, rent is due on the date set forth in the lease. If the rent is not received by the landlord by that date, the landlord may serve notice of non-payment and the tenant will have five (5) days in which to pay before further action is taken.

How to Evict (4 steps)

  1. Provide Notice to Tenant
  2. File Forcible Entry and Detainer
  3. Serve Petition and Summons on Tenant
  4. Obtain Writ of Execution If Necessary

Hand holding sheriff badge.

1. Provide Notice to Tenant

Before seeking redress from the courts to have a tenant removed, the landlord must first provide notice to the tenant of a breach. Then the landlord must wait the requisite period of time to allow the tenant to comply. If the tenant fails to comply within the requisite period of time, the landlord may move on to Step 2. The notices that may be sent, depending on the situation. There are four types:

2. File Forcible Entry and Detainer

If the tenant has failed to comply with the notice sent and the landlord has waited the appropriate amount of time, the landlord may initiate the eviction process by filing a Forcible Entry and Detainer. The paperwork needed for this filing can be obtained from the local court where the property resides.

Court Forms for Oklahoma County

3. Serve Petition and Summons on Tenant

The landlord will then have to have the Petition and Summons served on the tenant. A local process server may be hired to perform this service. The landlord will need a record of the service, as well as copies of the initial notice sent to file with the court.

4. Obtain Writ of Execution If Necessary

If the tenant does not respond to the Summons or the judge rules in the landlord’s favor, the landlord may ask the court for a Writ of Execution which will authorize the sheriff to remove the tenant from the premises.[7]

Sources

  1. § 41-132
  2. Title 41 § 131
  3. Title 41 § 132(B)
  4. Title 41 § 132(D)
  5. Title 41 § 131(A)
  6. § 12-1148.1 to 12-1148.16
  7. § 12-1148.10